Patna Court March 1993 Judgments

Satish Sah and ors. Vs. State of Bihar

Court: Patna

S.H.S. Abidi, J. 1. Appellant, Satish Sah has been convicted for offence under Section 302, of the Indian Penal Code (for short IPC) and sentenced to undergo rigorous imprisonment for life. Appellants, Ambika Sah and Sahdeo Sah have been convicted for the offence under Section 302/34, IPC and sentenced to undergo rigorous imprisonment for life. Appellant, Satish sah has been acquitted of the charge under Section 27 of the Arms Act.2. A first Information Report (Ext.3) was lodged on 4-2-1987 at 9 A. M. by informant, Khantar Sah (p.w.7) father of the deceased Janardan Sah. In the report, it has beeen said that on the night of 3/4 of February,' 1987, at about 8 p.m., the (informant), his son Janardan Sah and one co-villager, Ram Kishore Kapri (p.w.2) had gone to guard his pumping set situated in Bahiar. Towards east of the pumping set after putting two cots for protection from the cold and after spreading pual beneath the cots, they slept there. The informant was sleeping towards, the ...

income-tax Officer Vs. Narsing Ram Ashok Kumar

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1993)47ITD38(Pat.)

1. The revenue has raised the following grounds against the order of the Id. CIT (A) dated 31-3-1992 (All sections referred to in this order are of Income-tax Act, 1961) : On the facts and in the circumstances of the case, the 1d. CIT (A) was not Justified in deleting the penalty levied under Sections 27 1D of I.T. Act by accepting assessee's plea of reasonableness, bona fide nature of transaction, absence of mens rea etc. when the provisions of Section 271D are mandatory in character.2. From the scrutiny of accounts, the Assessing Officer found that Rs. 10,080 and Rs. 21,960 was received by the assessee from Ashok Kumar and Rajesh Kumar respectively in cash which contravenes Section 269SS, therefore, is liable for penalty under Sections 27 1D. He levied penalty of Rs. 32,040 under that section. The assessee filed appeal against this order before the 1d. CIT (A).3. Before the 1d. CIT (A) the assessee submitted that intention of Section 269SS was to curb bogus or dummy or unaccounted c...

Jyotish Lal Mandal Vs. State of Bihar and ors.

Court: Patna

S.B. Sinha, J.1. This application is directed against an order dated 20th August, 1991, passed by the Collector, Katihar, whereby and whereunder he set aside an order dated 11-4-1986 passed by the D.C.L.R. Katihar in case No. 55/85-86.2. The basic fact of the case is not in dispute. The petitioner allegedly purchased plot Nos. 178 and 180 measuring an area of 193 acres appertaining, to Maliki Khata No. 53 from the heirs of original owner, by reason of a registered deed of sale dated 27-2-1975.3. A proceeding was initiated under Section 145 of the Code of Criminal Procedure between the petitioner and Respondent Nos. 5 to 7 in relation to the lands in question.4. The aforementioned respondents claimed themselves to be the 'bataidars'.5. The said proceeding under Section 145 of the Cr. P.C. was decided in favour of the petitioner by an order dated 16-5-1980.A revision-application was filed before the Sessions Judge against the said order which was dismissed.6. However on 10-9-1985 respo...

Bibi Khurshid and ors. Vs. State of Bihar and ors.

Court: Patna

S.B. Sinha, J. 1. This application is directed against an order dated 4-11-1991 passed by the Sub-Divisional Magistrate, Bikramganj (Respondent No. 3), whereby he refused to take action on their application purported to be under Section 69 of the Bihar Tenancy Act. 2. The fact of the matter is not much in dispute. The petitioners are said to be the recorded tenants of plot Nos. 4034 and 4198 appertainng to khata No. 979 measuring an area of 4 acres 3 decimals. Respondents 4 & 5 have been recorded as Sikmidars in the remarks column of the said khatian. Petitioner No. 2 filed a suit for ejectment against the said defendants, as also for a decree for a sum of Rs. 18.972.80 being the price of the produce rent for two years and also claimed the produce rents for subsequent years. The said suit was registered as title suit No. 344 of 1974. A preliminary decree was passed in the said suit. 3. According to the petitioners in that suit, inter alia, the following issues were framed : '...

Ram AdhIn Singh Vs. State of Bihar and ors.

Court: Patna

G.C. Bharuka, J. 1. The present writ application has been filed by the petitioner for quashing the order dated 29th June, 1989, passed by the Commissioner, Magadh Division, Gaya, as a revisional authority, under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (Bihar Act No. 4 of 1983) (hereinafter in short '1982 Act' only). 2. The petitioner is the owner of a building in the town of Gaya, a portion whereof is under the tenancy of the respondent Magadh Gramin Bank, Municipal assessment has been made in respect of the said building. Pursuant to an agreement between the landlord and the tenant, the rent of the building was enhanced to Rs. 1000/- per month with effect from 1st January, 1985. In January, 1987 the petitioner filed an application before the House Controller for further enhancement of the rent. After enquiry, the House Controller by his order dated 15-6-1987 as contained in Annexure 3 fixed the monthly rent at Rs. 1700/- per month. The te...

Ganesh Chandra Bhatt Vs. District Magistrate Almora and ors.

Court: Patna

M. Katju, J.1. This writ petition has been filed with a prayer for a mandamus directing the respondents to consider the petitioner's application for gtant of licence for a Revolver and to issue him the said licence under the Arms Act, 1959. On 17-2-1993, 1 had granted three weeks time to the learned Standing Counsel for filing counter-affidavit but as yet no counter-affidavit has been filed. Hence I am treating the allegations in the petition to be correct and am disposing of the petition finally.2. I have heard Sari Namwar Singh, learned Counsel for the petitioner and learned Standing Counsel.3. The petitioner applied for a licence for a Revolver on 27-6-1990 for his personal security as well as security of his property. A true copy of the said application is Annexure 1 to the petition. The petitioner has stated that he is a peace loving citizen with good antecedents and he has never been involved in any offence. He owns a bus under a valid permit, a factory and landed property. He c...

Ravindra Mishra and ors. Vs. State of Bihar and ors.

Court: Patna

S.B. Sinha and G.C. Bharuka, JJ.1. In this application the petitioners have sought for issuance of an appropriate writ for quashing an order dated 1st January, 1992 issued by the District Education Officer, Sitamarhi, whereby the Acting Headmistress of the Project Girls High School, Shivahar has directed recovery of alleged excess amount paid to the petitioner No. 1 from July, 1991 to October, 1991 and the petitioner No. 2 from May, 1991 to October, 1991.2. Admittedly petitioners had been working in the Project Girls High School at Shivahar.3. The State of Bihar took various decisions from time to time for opening up of Project Schools in every block.4. However, only Girls Project School were established. The Project Girls High School at Shivahar was established in the year 1981-82. The petitioner No. 1 was appointed on the post of Science Teacher by the Managing Committee of the said school on 5-4-1982. He was Science Graduate. At the time of his appointment he had completed Teacher...

Fourth Income-tax Officer Vs. S.M. Shafiq Trustee of Karimia

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (1993)45ITD101(Pat.)

1. While the Revenue is in appeal for the assessment years 1977-78, 1978-79, 1979-80 and 1980-81, the assessee is in cross-objection for the assessment year 1977-78 only.2. We first take up the appeals of the Revenue for disposal. As these appeals raise common contentions, these are combined together and taken up one after the other for disposal.3. We first take up the appeal for the assessment year 1977-78. One of the issues raised in this appeal is that the assessee-Karimia Trust, Sakchi, according to the ITO, was hit by the provisions contained in Section 13(1)(bb). This provision which has now been omitted by the Finance Act, 1983, read as under: "In the case of a charitable trust or institution for the relief of the poor, education or medical relief, which carries on any business, any income derived from such business, unless the business is carried on in the course of the actual carrying out of a primary purpose of the trust or institution will not be excluded from the total inc...

Nunu Devi Alias Nunu Dai and ors. Vs. State of Bihar and ors.

Court: Patna

S.B. Sinha, J. 1. This application is directed against the order dated 20-12-1991 passed by Additional Member, Board of Revenue (Annexure-4) order dated 22-7-1983passed by the respondent No. 7 and as contained in Annexure-2 to the writ application and the notification dated 20th August, 1990 published in Purnia District Gazette Extraordinary Issue No. 21 dated 22nd August, 1990 as contained in Annexure-5 to the writ application. 2. One Mohan Lal Yadav was the owner of the land. The land-holder did not submit any return. However, according to information, collected under Section 7 of the said Act the aforementioned Mohan Lal Yadav was allegedly holding lands in excess of the ceiling area. 3. According to the petitioner the said informations were not verified in accordance with law and a draft statement was prepared on 24-9-1976. 4. Mohan Lal Yadav allegedly died leaving behind the following heirs :--"Widow-Nunu Devi alias Nunu Dai (Petitioner No. 1)Sons :-Bhubneshwar ...

Haradhan Mahatha and ors. Vs. Dukhu Mahatha

Court: Patna

B.N. Agrawal, J. 1. This appeal has been preferred by applicants in a probate case against the decision of a learned single Judge of this Court in a first appeal whereby the judgment passed by trial Court has been reversed. 2. An application was filed for grant of Letters of Administration in favour of the applicants in respect of the properties described in the Will giving rise to Probate Case No. 3/2 of 1970/71. The case of applicants, in short, was that one Chutamani Debya, a Hindu governed by Mitakshara School, died issueless after executing a registered Will dated 22-12-1917 in favour of Haliram Mahatha, Budhu Mahatha and Khudu Mahatha, in respect of the properties described in the Will. After death of the testator, the legatees, who were ancestors of the applicants, came in possession of the properties, which were subject-matter of the Will, and upon the death of the legatees, the applicants as their heirs are continuing in possession of the same. The said Will is said to be th...